RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-00018
		INDEX CODE:  110.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His discharge be upgraded to general (under honorable conditions).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He never sold drugs.  His record was clean.  He was set up by another soldier who set him up to save himself.  He wanted to fight to stay in the military, but his lawyer said to take the discharge.  The drugs were found in a coat belonging to XXXXX he had left at his house just minutes before his house was raided.  The drugs were then found at his house.  He states he had 10 years of good service.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 22 February 1973.

The applicant’s master personnel record does not contain the discharge case file for review.  However, based on the DD Form 214 (Certificate of Release or Discharge from Active Duty) he served ten years three months and ten days.

On 31 May 1983, while serving in the grade of staff sergeant, he was discharged under the provision of AFR 39-10, Request for Discharge in Lieu of Trial By Court-Martial, and separated with an under other than honorable conditions discharge.

Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, West Virginia, indicated on the basis of the data furnished they were unable to locate an arrest record (Exhibit C).

On 24 May 2001, a letter was forwarded to applicant requesting information pertaining to his activities since leaving the service.  As of this date, no response has been received by this office (Exhibit D).

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.	The applicant has exhausted all remedies provided by existing law or regulations.

2.	The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.	Insufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice.  Based upon the presumption of regularity in the conduct of governmental affairs and without evidence to the contrary, we must assume that the applicant's discharge was proper and in compliance with appropriate directives.

4.	We find no impropriety in the characterization of applicant’s discharge.  It appears that responsible officials applied appropriate standards in effecting the separation, and we do not find persuasive evidence that pertinent regulations were violated or that applicant was not afforded all the rights to which entitled at the time of discharge.  We conclude, therefore, that the discharge proceedings were proper and characterization of the discharge was appropriate to the existing circumstances.

5.	We also find insufficient evidence to warrant a recommendation that the discharge be upgraded on the basis of clemency.  We have considered applicant’s overall quality of service, the events which precipitated the discharge, and available evidence related to post-service activities and accomplishments.  On balance, we do not believe that clemency is warranted.  Therefore, based on the available evidence of record, we find no basis upon which to favorably consider this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

_________________________________________________________________

The following members of the Board considered this application in Executive Session on 19 July 2001, under the provisions of AFI 36-2603:

			Mr. XXXXXXXXXXXXXXXXXX, Vice Chair
			Mr. XXXXXXXXXXXXXXXXXX, Member
			Ms. XXXXXXXXXXXXXXXXXX, Member

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 28 Dec 00, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, FBI Report.
	Exhibit D.	Letter, AFBCMR, dated 24 May 01.